Fired Anthem exec loses appeal of verdict for insurer
A jury verdict against a fired Anthem, Inc. executive will stand after the Indiana Court of Appeals declined to overturn the denial of the former insurance exec’s requests for a new trial.
Breach of Contract
Articles
Boost Mobile kiosk vendor booted from grocer boosted on appeal
An appellate panel has reversed for a cellphone kiosk owner subleasing space in an East Chicago supermarket after finding a Lake County judge erred in granting a motion for immediate possession by a new sublessor.
COA majority holds Clark Co. REMC breached insurance contract, but dissent finds ‘logical fallacy’
A local utility breached its contract with its former directors when it revoked their health insurance coverage, a majority of the Indiana Court of Appeals has ruled. A dissenting judge, however, found that the majority engaged in a “logical fallacy” in holding that the utility was obligated to continue providing coverage to the plaintiffs.
Caesars puts pandemic losses at $2B, wants insurers to pay
Casino giant Caesars Entertainment Inc. is putting its losses because of the coronavirus pandemic in 2020 at more than $2 billion, and is suing a long list of insurance carriers it accuses of balking at paying its business interruption costs at its casinos in Indiana and across the nation.
Justices uphold ruling for IPS in negligence claim but not COA reasoning
The Indiana Supreme Court has upheld judgment for Indianapolis Public Schools in a negligence case brought by a student’s parents in a dual-credits dispute, noting that it was affirming the ruling from the Indiana Court of Appeals despite an error in reasoning.
IU wins reversal in students’ mold-infestation lawsuit
Indiana University Bloomington claimed a victory in the legal fight over mold infestation in dorms, convincing the Indiana Court of Appeals to overturn the denial of the school’s summary judgment motion on all tort claims brought by the affected students.
Developer may water ski but not build dock on lakefront property, COA rules
A developer who sold his property in the lakefront subdivision he developed cannot now build a dock on that lake, even though he has lifetime rights to ski there, the Indiana Court of Appeals affirmed in a Tuesday opinion.
Former head of Eskenazi burn unit sues IU Health, IU medical school
A prominent Indianapolis surgeon is suing Indiana University and Indiana University Health, claiming they broke his contract and interfered with his ability to get another job. Dr. Rajiv Sood’s suit in Indiana Commercial Court claims breach of contract, tortious interference with employment relationships and tortious interference with a contract.
Justices take up disputes over teachers contracts, online user data
Members of the state’s highest court last week turned away nine cases on petition for transfer but agreed to hear arguments in three cases, including disputes over the legality of teacher contracts and two media companies’ litigation over the use of consumer data.
After rift between partners, court asked to dissolve George & Farinas
Claiming she and her law partner can no longer continue working together, Indianapolis attorney Kathleen Farinas is asking the Marion County Commercial Court to dissolve George & Farinas LLP, appoint a receiver and enter damages against Linda George.
COA dismisses as premature appeal in breach-of-contract suit
The Indiana Court of Appeals on Friday dismissed as premature an appeal filed by a southern Indiana man who challenged a trial court order dismissing three of four defendants that he sued, claiming breach of contract in a real estate sales dispute.
COA splits on damages award in nursing home’s breach of warranty dispute
A split Indiana Court of Appeals panel has reversed a damages award to a nursing home in its breach of warranty dispute with a roofing company, with a dissenting judge arguing that the damage award was within the scope of the evidence.
Lawsuit alleges Purdue breached contract in Peru projects
Siblings who contacted Purdue University about helping to lower the alpaca mortality rate in their native Peru are now suing, claiming the West Lafayette school has garnered millions of dollars from additional projects they helped establish but is refusing to pay them for their work.
Appellate court upholds $10K judgment for Wells Fargo for unpaid balance
The Indiana Court of Appeals has affirmed the grant of summary judgment to Wells Fargo Bank on breach of contract claims after one of its clients failed to pay more than $9,000 on a charge-card account.
COA reversal awards Carmel pizzeria owner $197K, potential treble damages
A panel of the Indiana Court of Appeals has reversed a judgment against a Hamilton County pizzeria company’s owner after finding the trial court erred in concluding that he failed to establish money damages for his partners’ acts of forgery and counterfeiting related to the business, among other things, awarding more than $197,000 in damages and over $21,000 in legal fees.
Justices grant transfer in one case, decline 21 others
Indiana Supreme Court justices declined to hear 21 cases of out 22 petitions for transfer last week, agreeing to hear just one case concerning a man’s lookalike drug-related conviction in a search and seizure dispute.
COA remands breach suit to Indiana court in dispute with Florida business
A breach of contract dispute between a company based in Indiana and one based in Florida will continue in Indiana trial court after the Indiana Court of Appeals reversed a dismissal order that was based on a too-narrow reading of a statute.
Appeals court upholds $112M damages judgment for Carmel spine surgeon
The Indiana Court of Appeals has upheld a northern Indiana jury’s award of more than $112 million for a Carmel spine surgeon who won a royalty battle against medical device manufacturers.
7th Circuit again rules for buyer in long-running rubber-supply litigation
A dispute between a carbon buyer and seller has once again resolved in the buyer’s favor, with the 7th Circuit Court of Appeals finding the buyer was entitled to terminate a contract based on the seller’s breach.
COA affirms for property opener who canceled storm repair contract
The Indiana Court of Appeals has affirmed in an interlocutory appeal a Boone County property owner’s cancelation of an agreement with a contractor, finding that his cancelation was timely under the replacement cure contract.